My ex and I separated in 2013. We decided on our own to negotiate and wrote our own separation agreement. What we negotiated was that I was to surrender my claim to the matrimonial home in exchange for a sum of money (that I've used as down payment for the condo where I live now) and in exchange my ex waived her right to any child support. In other words, she got the house, I get a bit of money just enough to use as down payment for a condo and pay no child support. One way to think about it is - instead of selling the house and going through a long and expensive legal process, we simply bargained. Instead of selling the house and getting my part from the proceeds but then giving it back to my ex as child support (obviously on a monthly basis, ongoing for years) we just settled it in a very unique way. No one was under duress, we both freely agreed to this.
This year we filed a joint divorce and in our application it states that we already have all matters settled including the child support, and requested the court to grant the divorce without making any changes (just rubberstamp it).
It didn't work. The court still ordered child support using the child support table. I feel taken advantage of because the money my ex gave me was far, far short of what I would have gotten had we gone the conventional way of selling the house with me getting half of the proceeds (then paying her child support). I realize it's unconventional but if both my ex and I agreed to it. I'm now stuck and feel I lost a huge chunk of money - my portion of the proceeds from the house sale I forfeited voluntarily in exchange for no child support. If the court order stands I will have to sell my condo as I cannot afford the child support payments.
I would like the court to reconsider the order. What do I need to do? Can I appeal?
I do not wish to get into a long legal battle. I do not wish my ex ill will. We want to uphold the separation agreement but how can we when the court disagreed? Also, the children's welfare are supposed to be top priority for the court but what they did could potentially cause a rift between my ex and I to the detriment of the children. Do they not consider this when making orders?
This year we filed a joint divorce and in our application it states that we already have all matters settled including the child support, and requested the court to grant the divorce without making any changes (just rubberstamp it).
It didn't work. The court still ordered child support using the child support table. I feel taken advantage of because the money my ex gave me was far, far short of what I would have gotten had we gone the conventional way of selling the house with me getting half of the proceeds (then paying her child support). I realize it's unconventional but if both my ex and I agreed to it. I'm now stuck and feel I lost a huge chunk of money - my portion of the proceeds from the house sale I forfeited voluntarily in exchange for no child support. If the court order stands I will have to sell my condo as I cannot afford the child support payments.
I would like the court to reconsider the order. What do I need to do? Can I appeal?
I do not wish to get into a long legal battle. I do not wish my ex ill will. We want to uphold the separation agreement but how can we when the court disagreed? Also, the children's welfare are supposed to be top priority for the court but what they did could potentially cause a rift between my ex and I to the detriment of the children. Do they not consider this when making orders?
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